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Two ex-senators to lead arguments vs RH Law at SC


Two former senators would be among the people facing the high court's 15 magistrates next week to argue against Republic Act 10354 or the Responsible Parenthood and Reproductive Health Act of 2012.

In an amended advisory signed by SC Clerk of Court Enriqueta Vidal, the high court said former Senators Aquilino Pimentel Jr and Francisco Tatad would be among those who would tackle the issues concerning the constitutionality of the controversial law on July 9.

Tatad, who served as senator from 1992 to 2001 under two presidents, was tasked to give an opening statement. He would be given five minutes to speak.

Pimentel, a former Senate President and acknowledged as the Father of the Local Government Code, has agreed to present arguments to prove that the law violates the "Autonomy of Local Governments" and the "Equal Protection Clause" under Section 1 of Article III of the 1987 Philippine Constitution.

On the issue of LGUs' autonomy, Pimentel's arguments will assail portions of the law that tasks the LGUs to hire nurses, midwives, and other skilled health workers; train village health workers in promoting reproductive health; remove barriers to reproductive health services for persons with disabilities; and lead a nationwide multimedia-campaign to raise awareness on reproductive health.

On the issue of the equal protection of the law, Pimentel is expected to contest the portions of the law that limits pro bono services to indigent women to reproductive health care providers only; and prioritizes the poor in the provisions of reproductive health care, information and
supplies.

Another lawyer arguing against the law is Maria Concepcion Noche, who will try to convince the magistrates that the law violates the constitutional right to life and right to health.

She will also discuss whether or not the high court may exercise its judicial review powers despite the alleged lack of an "actual case of controversy."

Lawyer Luisito Liban, on the other hand, will tackle how the law allegedly violates the right to religion, right to free speech, academic freedom, and "proscription on involuntary servitude."

Lastly, lawyer Luis Gana will tackle how the law violates the "Organic Act of the Autonomous Region in Muslim Mindanao."

Gana represents the two petitioners from Mindanao who oppose the implementation of the RH Law in the ARMM.

The petitions of the two were the latest additions to the list of petitions seeking to strike down the law. There are currently 15 petitions against it.

After all counsels for the petitioners shall have spoken, the respondents would be allowed to argue on why the law is constitutional.

Named respondents in the petitions were Executive Secretary Pacquito Ochoa Jr., Budget Secretary Florencio Abad, Education Secretary Armin Luistro, Health Secretary Enrique Ona, and Interior Secretary Mar Roxas.

Also, the SC advisory said, "...If the oral arguments would not be completed on July 9, 2013,
the resumption thereof shall be on July 23, 2013, at two o'clock in the afternoon."

Other personalities and groups who oppose the law are James Imbong, son of Catholic Bishops Conference of the Philippines legal counsel Jo Aurea Imbong, and his wife Lovely-Ann; Serve Life Cagayan de Oro City; Task Force for Family and Life Visayas Inc and Valeriano Avila; the Alliance for the Family Foundation Philippines Inc; Expedito Bugarin; and Eduardo Olaguer of the Catholic Xybrspace Apostolate of the Philippines.

Meanwhile, six intervenors were allowed to participate in the proceedings – Albay Rep. Edcel Lagman; former Health secretaries Esperanza Cabral, Jaime Galvez-Tan, and Alberto Romualdez Jr.; Sen. Pia Cayetano; John de Venecia; Filipino Catholic Voices for Reproductive Health; and the Inter-faith Partnership for Responsible Parenthood Inc. — LBG, GMA News

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